Rules - Giving Back Raffle Benefiting Ronald McDonald House Charities® of San Diego

Rules

San Diego Giving Back Raffle
Benefiting Ronald McDonald House Charities® of San Diego Official Rules and Regulations

I. General Information

Ronald McDonald House Charities of San Diego, Inc. (“RMHC-SD”), a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting this raffle pursuant to California Penal Code Section 320.5, et seq., to raise funds for ongoing charitable purposes. The Rules and Regulations of the RMHC-SD raffle are set forth below. By purchasing a raffle ticket, the purchaser agrees to be bound by these rules and regulations. RMHC-SD’s interpretation and application of the rules and regulations shall be final.

All raffle tickets are included in the Grand Prize Drawing. No more than 50,000 tickets will be sold. Each raffle participant is guaranteed to win at least one prize in the Grand Prize Drawing. Tickets will not be sold after 11:59 p.m. Pacific Time on June 26, 2020. Tickets may sell out before that time. The Grand Prize Drawing will take place on July 6, 2020, subject to rescheduling, as more particularly described below. An independent auditor will supervise the drawing. Raffle tickets that meet certain eligibility requirements may also be awarded entry or entries into separate bonus drawings for more prizes, such as Early Bird or Multi-Ticket Drawings. Winners need not be present to win a prize in any drawing.

The IRS has taken the position that amounts paid for chances in raffles, lotteries or similar drawings for valuable prizes are not gifts, and consequently do not qualify as deductible charitable contributions.

BY ENTERING THIS RAFFLE, ENTRANTS ACCEPT AND AGREE (1) TO BE BOUND BY ALL THE RULES, LIMITATIONS AND RESTRICTIONS SET FORTH HERE; AND (2) THAT THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA AND MAY OTHERWISE BE USED BY RMHC-SD FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN NEWSPAPERS AND ANNOUNCED ON THE RMHC-SD RAFFLE WEBSITE. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT RMHC-SD IF YOU HAVE ANY QUESTIONS. RMHC-SD’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.

BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES RMHC-SD, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY PARTICIPATING IN THE RAFFLE OR WINNING ANY PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, AND EACH WINNER AGREES TO INDEMNIFY AND HOLD RMHC-SD HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.

FURTHER, EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF CIVIL CODE SECTION 1542 WHICH STATES THE FOLLOWING: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.

CERTAIN PRIZE WINNERS, INCLUDING BUT NOT LIMITED TO, THE GRAND PRIZE WINNER, WILL BE REQUIRED TO SIGN A WRITTEN AGREEMENT CONFIRMING THE ABOVE-DESCRIBED RELEASE AND WAIVER AS A CONDITION TO RECEIVING SUCH PRIZE(S).

II. Raffle Tickets

Single raffle tickets are $150 each. Discounted, multi-ticket packs will be sold at the following prices: 3-packs consisting of three (3) raffle tickets are $400 and 5-packs consisting of five (5) raffle tickets are $550. Only one method of payment, one name, and one mailing address are permitted per raffle ticket or raffle ticket pack (“ticket transaction”). Only one eligible person may be entered in the raffle per ticket transaction. If the name of more than one person is submitted with a ticket transaction, and the raffle ticket or a raffle ticket from the raffle ticket pack is selected as a winning raffle ticket, then the person named first will be deemed the holder of record of that ticket and declared the winner. Division of any prize by a group purchasing a raffle ticket in common shall be the sole responsibility of the person named as the holder of record of that raffle ticket, should that raffle ticket be selected as a winner.

RMHC-SD reserves the right to reject any entry form that is submitted with payment that does not constitute “good funds.” All defective or physically altered entry forms will be immediately disqualified by RMHC-SD. Prior to the Grand Prize Drawing, RMHC-SD will make a reasonable effort to notify any individual who submits a rejected entry form or one which has been rejected because the credit card or check did not clear. RMHC-SD will attempt to make contact through the information provided at the time of submitting the purchase request. RMHC-SD assumes no responsibility for lost, late, misdirected or non-delivered packages or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.

A RAFFLE PARTICIPANT'S SOLE AND EXCLUSIVE REMEDY FOR A BREACH BY RMHC-SD SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL RMHC-SD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY LOSS OR INJURIES TO EARNINGS, PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

III. How to Purchase:

Any eligible individual may purchase as many tickets or ticket packs as he or she may wish, subject to availability.

Ticket(s) or ticket packs may be purchased one of four ways. (1) Print the order form provided at sdraffle.com and fax the order form to 619-916-3892. (2) Call 888-824-9939 to place an order by phone, providing name, address and phone number along with credit card number, credit card security code and expiration date. All major credit cards are accepted. (3) Purchase ticket(s) in-person at RMHC-SD, located at 2929 Children’s Way, San Diego, CA 92123, between 8:00 a.m. - 8:00 p.m. local time. (4) Or, ship an order form with payment to RMHC-SD Giving Back Raffle, 2929 Children’s Way, San Diego, CA 92123. Raffle entries must be shipped from within the state of California. Tickets cannot be purchased on the raffle website or by email. Any entry form submitted by email will be rejected. All entries must include payment by check, cashier’s check, money order, cash or credit card. No refunds will be made except under the following circumstances: a ticket order with payment received after 50,000 raffle tickets have been sold or a ticket order with payment is received after June 26, 2020. No other refunds are available except at the exclusive discretion of RMHC-SD. RMHC-SD assumes no responsibility for lost, late, misdirected or non-delivered packages or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.

IV. Selection of Grand Prize Drawing Winners:

The San Diego Giving Back Raffle Grand Prize Drawing will be held on July 6, 2020 from all eligible raffle tickets. RMHC-SD anticipates broadcasting the Grand Prize Drawing live on television, radio, and/or internet. The Grand Prize Drawing will be held under the supervision of an independent auditor. Winners need not be present to win. The list of winners will be posted on www.sdraffle.com and may also be obtained from RMHC-SD by sending a self-addressed, stamped envelope to RMHC-SD Giving Back Raffle, 2929 Children’s Way, San Diego, CA 92123 within 30 days of the drawing.

Winners will be notified according to the contact information provided to RMHC-SD at the time of ticket purchase. If the grand prize winner cannot be located by 5:00 p.m. Pacific Time on July 13, 2020, after RMHC-SD has attempted to contact him or her through the information provided at the time of purchasing the ticket, the winner will be deemed to have selected the respective one-time cash alternate prize and another winner will not be selected for such prize.

In order to collect his or her prize, a ticket winner may be required to sign and deliver to RMHC-SD: (a) a sworn affidavit of eligibility in accordance with these Rules and applicable law, including, without limitation, that he or she is at least 18 years old; (b) such written information as is required by any applicable tax and/or real estate laws, including, without limitation, his or her Social Security Number; and (c) proof of identity in forms satisfactory to the RMHC-SD showing that the person claiming the prize is the same person who is named on the winning raffle ticket. The official ticket stub is not required to claim a prize and is not a substitute for proof of identification. If you wish to have your ticket stub(s) sent to you, please submit your request to office@sdraffle.com or pick up the official stub(s) in person at RMHC-SD, 2929 Children’s Way, San Diego CA 92123, no earlier than four weeks after your purchase. Please note that the ticket stub(s) will be shipped via FedEX or United Parcel Service (UPS) and must be sent to a home or business address in California (P.O. Boxes not accepted). Winners of prizes valued at $1,500 or more may be required to submit a W-2G, Form 5754 or similar tax form for tax withholding purposes.

V. Winning Odds:

Up to 50,000 prizes will be awarded in the Grand Prize Drawing. The total number of prizes awarded will be the sum of 1,010 plus the number of non-winning ticket transactions following the first 1,010 awarded prizes. Each ticket transaction is guaranteed to win at least one prize. In the Grand Prize Drawing, the odds of winning the grand prize will depend on the number of tickets sold. If all 50,000 tickets are sold the odds of winning the grand prize for any given ticket is 1 in 50,000.

VI. Eligibility:

The raffle is open to any individual who is 18 years of age or older and in the state of California at the time of ticket purchase. RMHC-SD employees, members of the Board of Trustees, authorized agents and employees thereof, consultants, attorneys, independent accountant firm, and their spouses and children living in the same household are excluded from participating and are not eligible to win a prize. All federal, state, and local laws and regulations apply. The raffle is void where prohibited or restricted by law. An affidavit of eligibility may be required of prize winners.

VII. Prizes:

The grand prize is the house (“House”) is located in San Diego County, CA, referred to in all raffle materials and on www.sdraffle.com. Alternatively, the grand prize winner may elect to receive an annuity of $2,100,000 paid over 20 years or a one-time $1,300,000 cash payment. A minimum of 44,000 raffle tickets must be sold by 11:59 p.m. Pacific Time on June 26, 2020 in order for the grand prize winner to have a choice of the House, or the $2,100,000 annuity, or a $1,300,000 cash payment. The grand prize winner must make his/her prize selection in writing, choosing between the House, the annuity or a one-time cash payment no later than 5:00 p.m. Pacific Time on July 13, 2020.

If fewer than 44,000 tickets are sold by 11:59 p.m. Pacific Time on June 26, 2020, the raffle will be held as scheduled and the grand prize will be a one-time $1,000,000 cash payment, and all other prizes will be awarded as described in these rules.

The 2nd grand prize is winner’s choice between a 2020 Aston Martin Vantage, a Van Cleef & Arpels Midnight Planetarium Watch, and $100,000 cash. All prizes are guaranteed options to the 2nd grand prize winner, and not subject to a ticket minimum.

At the option of RMHC-SD, the Grand Prize Drawing date may take place earlier if all raffle tickets have been sold. Winners need not be present to win.

If the grand prize winner chooses the House as his or her prize, the grand prize winner assumes all fees, local, state and federal taxes (including, but not limited to, income taxes based on the value of the House), financing costs (including, but not limited to, closing costs, title insurance, and transfer tax and fees) which must be paid when the House is transferred to the winner. Likewise, there are federal taxes and there may be state and/or local tax consequences if the winner selects the annuity or cash prizes. RMHC-SD takes no responsibility for the winner’s tax liabilities. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply.

All vehicle prizes are base model factory equipped and winners assume all fees, local, state and federal taxes (including, but not limited to, income taxes and sales taxes based on the value of the car), winners’ respective financing costs, if applicable, and license fees. Likewise, there are federal taxes and there may be state and/or local tax consequences if a winner selects the alternate cash prize. RMHC-SD takes no responsibility for prize winners’ tax liabilities. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply. All winners of prizes that include a vehicle option must make a prize selection in writing no later than five business days after the drawing date; if no selection is made by the winner by that deadline, the prize will become the cash alternative.

Vacation travel prizes are as described on the RMHC-SD raffle website. Travel is transferrable. Travel must be used by the specific deadline established for the respective vacation package. All taxes are the responsibility of the winner. Gratuities and fees are the responsibility of the winner unless otherwise noted. Winners of travel-related prizes must comply with all applicable requirements and restrictions related to said prizes including without limitation applicable travel dates, age restrictions, liability waivers, travel documentation and reservation and confirmation procedures. All winners of prizes that include vacation or travel must make a prize selection in writing no later than five business days after the drawing date; if no selection is made by the winner by that deadline, the prize will become the cash alternative.

All taxes, gratuities, and fees are the responsibility of winners who make non-cash prize elections for the following: 2nd Grand Prize in the Grand Prize Drawing, Week 2 prize in the Add-On Drawing, and Week 7 prize in the Add-On Drawing.

Winners of concert tickets are entitled to two general admission tickets to assigned sections at a benefit concert hosted by RMHC-SD at Petco Park stadium on or about Saturday, November 14, 2020. Concert time and performing talent will be named at a later date. Winners must reserve their concert tickets by August 15, 2020. Winners can make ticket reservations online or via returned postcard. If tickets are not reserved by the winner by August 15, 2020, they will be considered forfeited; a replacement prize or cash equivalent will not be issued. RMHC-SD will provide further reservation instructions at time of prize win notification. Seat location will be assigned according to value of raffle ticket transaction corresponding to prize win and date of concert ticket reservation. For example, a winner who purchases more raffle tickets and reserves his or her concert tickets earlier will be assigned to a section of the stadium closer to the performance stage compared to a winner who purchased fewer raffle tickets and/or reserved his or her concert tickets at a later date. Concert-related inquiries and seat assignment requests, such as pairing seats with another account or ticketholder, should be directed to concert@rmhcsd.org.

Grand Prize Drawing:

VIII. Other Drawings

The following drawings and prizes are subject to the same rules and regulations set forth above for the Grand Prize Drawing unless stated otherwise.

Early Bird Drawings

The Early Bird Drawings are bonus drawings for eligible entrants who purchase at least one raffle ticket by the corresponding deadlines –April 24, 2020 deadline for Early Bird 1 Drawing and May 29, 2020 deadline for Early Bird 2 Drawing. A raffle ticket purchase eligible for either Early Bird Drawing is described as follows: any ticket transaction 1) initiated or processed over the phone at 888-824-9939 by 11:59 p.m. Pacific Time on the respective drawing deadline date, 2) submitted in-person at RMHC-SD, 2929 Children’s Way, San Diego, CA 92123 by 11:59 p.m. Pacific Time on the respective drawing deadline date, 3) received by fax at 619-916-3892 by 11:59 p.m. Pacific Time on the respective drawing deadline date, or 4) shipped to RMHC-SD in which the package containing ticket order form was received by carrier by the respective drawing deadline date. Early Bird Drawing entry tickets are not sold separately, and only offered as an added benefit to qualifying raffle ticket purchases. The odds of winning depend on the total number of eligible entries, not to exceed 50,000 entries. Early Bird 1 Drawing will be held on May 7, 2020 and Early Bird 2 Drawing will be held on June 11, 2020. Winners need not be present to win.

Each Early Bird Drawing consists of a drawing bin and corresponding tickets separate from the main Grand Prize Drawing bin and tickets. For each eligible raffle ticket purchased by April 24, 2020, one raffle ticket will be added to the Grand Prize Drawing bin and a corresponding entry ticket will be added to 1) Early Bird 1 Drawing bin and 2) Early Bird 2 Drawing bin. For example, if one raffle ticket is purchased by April 24, 2020, one ticket will be entered into the Early Bird 1 Drawing, one ticket will be entered into the Early Bird 2 Drawing bin, and one ticket will be entered into the Grand Prize Drawing. If three raffle tickets are purchased by April 24, 2020, three tickets will be entered into the Early Bird 1 Drawing bin, three tickets will be entered into the Early Bird 2 Drawing bin, and three tickets will be entered into the Grand Prize Drawing and so forth.

The Early Bird 2 Drawing will consist of all eligible raffle tickets purchased by May 29, 2020, including all winning and non-winning ticket entries from Early Bird 1 Drawing. For each eligible raffle ticket purchased between April 25, 2020 and May 29, 2020, one raffle ticket will be added to the Grand Prize Drawing bin and a corresponding entry ticket will be added to the Early Bird 2 Drawing bin. If three raffle tickets are purchased between April 25, 2020 and May 29, 2020, three tickets will be entered into the Early Bird 2 Drawing bin and three tickets will be entered into the Grand Prize Drawing and so forth.

Multi-Ticket Drawing

The Multi-Ticket Drawing is a bonus drawing for eligible entrants who purchase three or more raffle tickets in the same ticket transaction. Multi-Ticket Drawing entry tickets are not sold separately, and only offered as an added benefit to qualifying raffle ticket purchases. The odds of winning depend on the total number of eligible entries, not to exceed 50,000 entries. The Multi-Ticket Drawing will be held on July 6, 2020 from all eligible entries. Winner need not be present to win.

Any individual who buys three or more raffle tickets will be entered into the Multi-Ticket Drawing, subject to the following: (1) entrants must purchase three or more raffle tickets during the same purchase, (2) use one method of payment, (3) use the same name on each raffle ticket, and (4) list the same mailing address on each eligible raffle ticket. The Multi-Ticket Drawing consists of a drawing bin and corresponding tickets separate from the main Grand Prize Drawing bin and tickets. For each eligible raffle ticket purchased, one raffle ticket will be added to the Grand Prize Drawing bin and a corresponding entry ticket will be added to the dedicated Multi-Ticket Drawing bin. For example, if three raffle tickets are purchased, three tickets will be entered into the Multi-Ticket Drawing and three tickets will be entered into the Grand Prize Drawing. If four raffle tickets are purchased, four tickets will be entered into the Multi-Ticket Drawing and four tickets will be entered into the Grand Prize Drawing and so forth.

Add-On Drawings

The add-on drawings are nine weekly prize drawings for eligible add-on ticketholders, with the first add-on drawing scheduled for May 7, 2020. An individual can purchase as many add-on tickets or add-on ticket packs as he or she may wish; there is no maximum number of add-on tickets that may be sold. Single add-on tickets are $20 each. Discounted, multi-ticket add-on packs will be sold at the following prices: 3-packs consisting of three (3) add-on tickets are $50 and 10-packs consisting of ten (10) tickets are $100. Add-On tickets are not sold separately and must be ordered in conjunction with and at the same time as a raffle ticket. Participation in add-on drawings is optional and not required for raffle ticket purchasers. Add-On tickets are only eligible for add-on drawings, and not Early Bird, Grand Prize, or Multi-Ticket drawings. Add-On orders will not be accepted after the original raffle ticket order date. Add-On ticket name and contact information may not differ from raffle ticket(s) of the same order. The odds of winning depend on the total number of eligible entries in any week’s Add-On Drawing. Add-On ticket(s) for orders received by 11:59 p.m. Pacific Time on a given deadline date (see below) will be entered into the corresponding Add-On Drawing. All such add-on ticket(s), including all winning add-on ticket(s) from previous add-on drawing(s), will be included in all subsequent add-on drawing(s), if applicable. Winners need not be present to win.

IX. Other Terms and Conditions:

The House, if selected, will be transferred to the grand prize winner “AS IS, WHERE IS, AND WITH ALL FAULTS”. RMHC-SD DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE HOUSE AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE HOUSE. RMHC-SD DOES NOT WARRANT THAT THE HOUSE IS OF MERCHANTABLE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF RMHC-SD BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.

Any prize vehicle, if selected, will be transferred to the winner “AS IS, WHERE IS AND WITH ALL FAULTS”. RMHC-SD DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE VEHICLE MANUFACTURER AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE VEHICLE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF RMHC-SD BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.

At the time of closing, the balance of all federal and state income taxes and sales tax based on the prize value will be due from the winners, including the grand prize winner. Cash prizes valued at more than $1,500 are subject to all tax withholdings as required by federal and state law, and RMHC-SD will remit the balance of the cash prize to the winner. RMHC-SD makes no guarantee that the Internal Revenue Service (IRS) will accept that value of vehicles, vacations, or other prizes for the purpose of determining any income tax that may be due from winners. RMHC-SD makes no guarantee that the grand prize winner will be able to sell the House for a particular value, nor is there any guarantee that the Internal Revenue Service (IRS) will accept that value of the House for the purpose of determining any income tax that may be due from the winner. RMHC-SD takes no responsibility for prize winners’ tax liabilities. Consult your tax advisor.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (PURSUANT TO ITS EXPEDITED PROCEDURES) UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

By purchasing a raffle ticket and choosing to participate in the raffle, each raffle participant acknowledges and agrees that RMHC-SD has the right, in its sole discretion, to elect not to proceed with the raffle for any reason whatsoever or for no reason, and in such event, a participant's sole and exclusive remedy shall be to receive a refund of the full price paid by such participant for each raffle ticket purchased, without interest.

X. Registration with the State of California:

By letter from the Attorney General’s office, Ronald McDonald House Charities® of San Diego, Inc. has registered with the Department of Justice under Raffle Registration Number R-4009 and is authorized to conduct raffles in California pursuant to the provisions of Penal Code section 320.5 for the raffle period which begins September 1, 2019 and ends August 31, 2020. Registration does not imply endorsement.

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